Article
English, Portuguese
ID: <
oai:doaj.org/article:0215fe17319f448dac47a0db28a78761>
Abstract
Propósito – The purpose of this article is to analyse the legal nature of aeronautical telecommunications and the Union’s power to promote its delegation. Methodology/approach/design – The method of descriptive and logical/inductive approach is followed, enquiring service structuring in the Prefectural Planning and verifying its pragmatic conformation, so that a relevant delegation model can be suggested. Results – Aeronautical telecommunications is a very poorly studied subject in the legal sciences. As a service under the supervision of the Union, it includes an element of air navigation, which is intrinsically linked to airport security, but has characteristic features of a telecommunications service (Article 21, XI c/c XII (c) of the Constitution of the Federative Republic of Brazil). Practical implications – considering the legal command that allows it to be provided by public agents or specialised private entities (Article 47 c/c 48 and sole paragraph of the Brazilian Aeronautics Code), such a service should follow the trend of depublicising public airports, so that they can be delegated on a large scale, with the appropriate definition of the correct form (concession or authorisation). Relevance of the text – Finally, it is expected to encourage legal incursions that further explore the topic, as well as to suggest a public policy geared towards the privatisation of Aeronautical Telecommunications.